A. 
The current editions or issues of the following orders and codes of the Wisconsin Administrative Code, rules of the Wisconsin Department of Safety and Professional Services (DSPS), International Building/Fire Code (IBC/IFC), and the National Fire Protection Association (NFPA) are hereby adopted and by reference are made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any of said orders or codes incorporated herein by reference is required or prohibited by this chapter. Sections of the following orders or codes adopted by reference, or as may be altered, amended, or recreated in any manner whatsoever, shall include, but are not limited to, the following:
(1) 
DSPS Chs. 301 through 388, Wis. Adm. Code.
(2) 
National Fire Protection Association Codes (NFPA) 1, Fire Code.
(3) 
National Fire Protection Association Codes (NFPA) Volumes 1 through 14.
(4) 
International Building Code (IBC).
(5) 
International Existing Building Code (IEBC).
(6) 
International Fire Code (IFC).
B. 
Whenever the provisions of the aforementioned orders or codes conflict with each other or with this chapter, the stricter provisions and interpretations shall apply.
C. 
Copies of the aforementioned orders and codes are on file in the office of the Fire Chief, or the Building Inspector of the City of Port Washington and shall be open to public inspection at all reasonable times. Such orders and codes are also available via the internet.
It is the intent of this Fire Prevention Code to prescribe regulations consistent with recognized standard practice for the safeguarding to a responsible degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials, and devices, and from conditions hazardous to life and property in the use or occupancy of buildings or premises within the City limits of the City of Port Washington.
A. 
The Fire Prevention Code shall be enforced by the Fire Chief and such subordinates in the Department as the Fire Chief shall designate. The Chief of Police of the City of Port Washington or any police officer of said Department, and the City building, plumbing, and electrical inspectors shall cooperate with the Fire Department in enforcing this code and may be delegated such duties as the Fire Chief or the duly designated subordinates of the Fire Department may assign.
B. 
This code shall not be construed to affect the liability of any person owning, operating, or installing any equipment for damage to persons or property caused by any defect therein, nor shall the City be held as assuming any such liability by reason of the inspection or re-inspection authorized herein, or by reason of the permit issued as herein provided, or by reason of the approval or disapproval of any equipment authorized herein.
In this chapter, unless otherwise provided, the following terms, phrases and words and their derivations have the meanings given herein.
ALARM BUSINESS
Any business in which the owners or employees engage in the activity of altering, installing, maintaining, monitoring, repairing, replacing, selling, or servicing alarm systems.
ALARM SYSTEM
An assembly of equipment and devices or single device such as a solid-state unit which plugs directly into 110-volt AC line, or which otherwise receives electrical energy arranged to signal the presence of a hazard requiring urgent attention and to which the Fire Department is expected to respond. In this chapter, the term "alarm system" shall include the term "fire alarm system" which monitors smoke, temperature, humidity, or any other condition directly related to the detection of fire. Excluded from this definition and from the coverage of this chapter are alarm systems used to alert or signal persons within the premises in which the alarm system is located of an attempted, unauthorized intrusion or holdup attempt.
APPROVED
Listed or approved by Underwriters Laboratories, Inc., Factory Mutual Research Corp., the National Bureau of Standards, the American Gas Association Laboratories, or other nationally recognized testing authorities, and accepted by the Fire Chief as a result of investigation and experience.
ASSEMBLY GROUP A OCCUPANCY
Includes, among other uses, the use of a building or structure, or a portion thereof, for the gathering of persons for purposes such as civic, social, or religious functions, recreation, food or drink consumption, or awaiting transportation.
AUTHORITY HAVING JURISDICTION (AHJ)
A person who has the delegated authority to determine, mandate, and enforce code requirements established by jurisdictional governing bodies.
BUSINESS GROUP B OCCUPANCY
Includes, among other uses, the use of a building or structure, or a portion thereof, for office, professional or service-type transactions, including storage of records and accounts.
CENTRAL STATION
An office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits.
DWELLING
A building occupied exclusively for residential purposes and having not more than two apartments.
EDUCATIONAL GROUP E OCCUPANCY
Includes, among other uses, the use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes through the 12th grade level.
FACTORY INDUSTRIAL GROUP F OCCUPANCY
Includes, among other uses, the use of a building or structure, or a portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair, or processing operations that are not classified as Group H hazardous or Group S storage occupancy.
FALSE ALARM
The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of the alarm system or their employees or agents or through other undetermined cause. False alarms do not include alarms caused by weather-related or violent climatic conditions, power outages, and water pressure drops which activate alarms.
FIRE ALARM SYSTEM
A system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.
FIRE AREA
The floor area enclosed and bounded by fire walls, fire barriers, exterior walls or fire-resistance rated horizontal assemblies of a building.
FIRE PROTECTION SYSTEM
Approved devices, equipment and systems or combinations of systems used to detect a fire, activate an alarm, extinguish, or control a fire, control or manage smoke and products of a fire, or any combination thereof.
HIGH-HAZARD GROUP H OCCUPANCY
The use of a building or structure, or a portion thereof, that involves the manufacturing, processing, generation, or storage of materials that constitute a physical or health hazard in quantities more than those allowed in control areas constructed and located as required in Section 414 of the International Building Code (IBC).
INSTITUTIONAL GROUP I OCCUPANCY
Includes, among other uses, the use of a building or structure, or a portion thereof, in which people are cared for or live in a supervised environment, having physical limitations because of health or age, are harbored for medical treatment or other care or treatment, or in which people are detained for penal or correctional purposes or in which liberty of the occupants is restricted.
MERCANTILE GROUP M OCCUPANCY
Includes, among other uses, the use of a building or structure, or a portion thereof, for the display and sale of merchandise, and involves stocks of goods, wares, or merchandise incidental to such purposes, and accessible to the public.
MULTIFAMILY DWELLING
A building or portion thereof containing three or more dwelling units, occupied as the home or residence of individuals, families, or households living independently of each other, including a tenement house, apartment house, flat, townhouse, row house, condominium, dormitory, boarding, or rooming house serving more than five persons with meals or sleeping accommodations or both.
RESIDENTIAL GROUP R OCCUPANCY
Includes, among other uses, the use of a building or structure, or a portion thereof, classified and described as R-1: containing sleeping units, where the occupants are primarily transient (i.e., for less than 30 days); R-2: containing sleeping units or more that two dwelling units where the occupants are primarily permanent in nature; R-3: detached one- and two-family dwellings greater than three stories in height, multiple single-family townhouses greater than three stories in height, attached two-family dwellings separated from adjacent units by firewalls, and other one- and two-family dwellings that are outside the scope of the one- and two-family dwelling sub-code; R-4: therapeutic residences including more than five but not more than 16 occupants, excluding staff; R-5: detached one- and two-family dwellings not more than three stories in height and multiple single-family townhouses not more than three stories in height designed and constructed in accordance with one- and two-family dwelling sub-code.
STORAGE GROUP S OCCUPANCY
Includes, among other uses, the use of a building or structure, or a portion thereof, for storage that is not classified as a hazardous occupancy.
SUBSCRIBER
A person who buys or leases or otherwise obtains an alarm system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm system.
The provisions of this code shall apply equally to new and existing buildings and conditions, except that existing conditions not in strict compliance with the terms of this code shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property. The granting of said exception shall be in the sole determination of the authority having jurisdiction.
The City Administrator, the Fire Chief, the City Building Inspector, and the City Engineer shall act as a committee to determine and specify by list, after giving affected persons notice and an opportunity to be heard, any new materials, processes, or occupancies which shall require permits, in addition to those elsewhere enumerated in this code. The Fire Chief shall post such a list in a conspicuous place in their office and in the office of the City Clerk and may distribute copies thereof to interested persons.
A. 
Intent. The intent of this section is to ensure an adequate water supply for firefighting purposes to existing or new structures, buildings, tank farms, lumberyards, and commercial or industrial complexes located on private property at extended distances from City fire hydrants.
B. 
Where required. Any tank farm, lumberyard, commercial or industrial complex, structure or building now existing or hereafter erected, or structurally altered to increase the floor area by 50% or more, located within the City shall provide at the owner's expense an approved fire hydrant when such structure or building is set back 250 feet or more from any street or highway or is located more than 300 feet from a City fire hydrant. Required hydrants shall be freestanding and shall be located not more than 50 feet or less than 25 feet from the structure or building. One hydrant shall be located not more than 50 feet or less than 25 feet from the main entrance to such structure or building. Additional hydrants shall be provided around the perimeter of the structure building so that no fire hydrant is more than 300 feet from any other approved hydrant by normal access routes. All fire hydrants shall be located within 10 feet of an all-weather road and shall be always accessible to the Fire Department. The water pipe serving the hydrant shall be ductile iron or PVC and shall be not less than eight inches in diameter.
C. 
Fire equipment on private property. The Fire Department, through its authorized representative, must approve all fire hydrants, standpipes, and sprinkler systems for commercial, industrial, or institutional buildings or properties within the City. A permit shall be issued before such equipment may be installed. Hydrants to be used on such properties shall be of the type approved by the City's Board of Public Works and shall be consistent with the type universally used in the City. The hydrant must open to the right using a standard operating nut approved by the City. Hydrants shall be placed with six feet of earthcover and sufficient drainage bedding to allow the hydrant to drain dry. The hose connection for Class 1 standpipes and Fire Department connection for the sprinkler and standpipe connection shall be two- and one-half-inches in diameter and shall have national standard couplings. Connection points shall be between three feet and four feet above the finished property grade. All sprinkler and standpipe connections shall be painted red.
D. 
Private fire hydrant maintenance. All private fire hydrant systems shall always be maintained in an operative condition and shall be repaired where found defective. All private fire hydrant systems shall be inspected annually at the owner's expense, by a reputable fire-protection service, with inspection and service records kept on site and readily available to the inspection authority. The Fire Department shall be notified within 48 hours of any condition that renders the hydrant inoperable. Notice shall be given to the Port Washington Water Utility at least 24 hours prior to any flushing of the hydrant or other private fire equipment testing.
A. 
Intent. The intent of this section is to provide a means for the automatic extinguishing of fires in buildings or parts of buildings which because of their size, construction or occupancy or lack of suitable protective equipment constitute a special fire hazard to life or property and an excessive burden upon the fire-extinguishing facilities of the Fire Department.
B. 
Definitions. For the purposes of this section, the following definitions shall be applicable, in addition to definitions found in § 224-13 of this Code.
APPROVED
The material, workmanship, and installation of the sprinkler system complies with the regulations in NFPA 13 in effect on the date of installation and approved by the Fire Department and the state Department of Safety and Professional Services.
AUTOMATIC SPRINKLER SYSTEM
A system of water supply pipes and orifice devices and equipment to apply water to a fire when activated by an automatic, manual, or remote-control device.
C. 
Where required. Every building hereinafter constructed or structurally altered shall have an approved automatic sprinkler system installed and maintained when occupied in whole or in part for the following purposes:
(1) 
Assembly occupancies (e.g., theaters and halls).
(2) 
Institutional occupancies (throughout every building).
(3) 
Educational (throughout every building).
(4) 
Any building whose International Building Code (IBC) occupancy classification is required by the state of Wisconsin to have a sprinkler system.
D. 
Application to existing buildings. Where the Fire Chief finds that by reason of construction or highly combustible occupancy, existing buildings constitute a severe fire hazard to their occupants or to adjoining property, the provisions of this section shall apply.
E. 
Type of system. Approved automatic sprinkler system equipment shall be installed and connected to an adequate water supply with sprinkler heads, valves, and auxiliary equipment of standard types suitable for the individual buildings to be protected, pursuant to NFPA 13 in effect on the date of installation. The plans for such system shall be submitted to the state of Wisconsin and the City's third-party fire-protection plan reviewer for approval.
F. 
Construction inspection. While a building required to have an automatic sprinkler system is under construction, the Building Inspector, Plumbing Inspector, Electrical Inspector, and Fire Department Inspector shall share jointly the responsibility for conducting inspections to see that all provisions of this code have been met.
G. 
Occupancy permit. A final inspection of a building required to have an automatic sprinkler system shall be made by the Fire Department Inspector after notification by the Building Inspector. An occupancy permit, required by the City Code, shall be stamped "Approved by the Fire Department" before such permit is issued.
H. 
Maintenance. The owner of a building containing an automatic sprinkler system shall maintain the system in good operating condition. The owner of the building shall immediately notify the Fire Chief in case such sprinkler system protection is withdrawn, interrupted, curtailed, or altered. All sprinkler systems shall be tested pursuant to the schedule of testing in the NFPA Codes pertaining to sprinkler systems, fire pumps, and water supply.
A. 
Intent. The intent of this section is to provide minimum standards and regulations applicable to commercial cooking equipment used in processes producing smoke and grease-laden vapors.
B. 
Where required. Commercial cooking fire-protection systems are required in accordance with the current regulations adopted by the state Department of Safety and Professional Services and set forth in the Wisconsin Administrative Code, as amended from time to time.
(1) 
The owner of any building being renovated that has an existing commercial cooking fire-protection system required by state or local code shall bring the entire building's commercial cooking fire-protection system into current code compliance in accordance with the International Existing Building Code, as adopted herein.
C. 
Additional requirements. All commercial cooking fire-protection systems shall comply with the provisions of NFPA 1, 17A, NFPA 96, and this chapter. In addition:
(1) 
The installation of a Type I hood in any new or existing building shall provide audible and visible notification throughout the building for the purpose of occupant evacuation.
(2) 
Where a fire alarm system is serving the occupancy where the automatic fire extinguishing system is located, the activation of the automatic fire extinguishing system shall activate the fire alarm system. It shall be a separate zone on the fire alarm control panel, and so indicated.
(3) 
An NFPA approved Class K portable fire extinguisher shall also be present in a kitchen that maintains a commercial cooking fire-protection system, to serve as secondary backup.
D. 
System acceptance. After installation, all commercial cooking fire-protection systems shall be inspected and accepted by the Fire Department as compliant with this Chapter and the engineering plans submitted with the permit application. All commercial cooking fire-protection systems shall be required to perform a system trip test prior to acceptance by the Fire Department. The installer of the commercial cooking fire-protection system shall provide a minimum of two business days' notice to the Fire Department prior to the performance of any inspection or test of the system.
E. 
Inspection, testing, and maintenance requirements. All commercial cooking fire-protection systems shall be periodically inspected, tested, and maintained in accordance with NFPA 1.
A. 
Intent. The intent of this section is to provide minimum standards and regulations applicable to fire alarm systems, alarm businesses, and alarm users. Both society in general and public safety in particular will be aided by providing a useful and usable fire alarm system which properly balances quick response by the Fire Department with minimization of Fire Department time spent on alarms which are false or otherwise not the intended function of private fire alarm systems. A further intent of this section is to prevent carelessness, improper maintenance, or any other cause which results in false fire alarms from privately owned alarm systems. Such false alarms require a response from fire apparatus which thereby creates unnecessary expenses to the City, increased risk of damage to property or injury to persons and reduces fire-protection services within the City.
B. 
Where required. Every building hereinafter constructed or structurally altered shall have an approved fire alarm system installed and maintained, pursuant to International Building Code and International Fire Code requirements, when occupied in whole or in part for any of the following purposes:
(1) 
Assembly. Occupant load of 300 or more. Emergency voice/alarm communications system required with occupant load of 1,000 or more. No manual fire alarm boxes are required if the building is sprinkled.
(2) 
Business. Occupant load of 500 or more, or more than 100 above or below the lowest level of exit discharge. No manual fire alarm boxes are required if the building is sprinkled.
(3) 
Education. All with an occupant load of 50 or more, except manual fire alarm boxes are not required if two-way communications are available from all spaces to a constantly attended location or the building is sprinkled.
(4) 
Factories. Two or more stories and an occupant load of 500 or more above or below the lowest level of exit discharge. No manual pull stations are required if the building is sprinkled.
(5) 
Hazardous. All H-5 occupancies and occupancies used for the manufacturer of organic coatings.
(6) 
Institutional. All, except manual fire alarm boxes are not required at exits in patient sleeping areas if such alarm boxes are located at nurse's stations. I-3 - manual fire alarm boxes are only required at staff-attended locations.
(7) 
Mercantile. Occupant load of 500 or more, or more than 1,000 above or below the lowest level of exit discharge. No manual fire alarm boxes are required if the building is sprinkled. During the time the building is occupied an alarm signal can be sent to a constantly attended location from which evacuation instructions shall be initiated over an emergency voice/alarm communication system in lieu of sounding general evacuation signals. The communication system can be used for other announcements.
(8) 
Residential.
(a) 
R-1 transient occupancies. All, except a building of two stories or less with a direct exit to the outside. No manual fire alarm boxes are required if the building is sprinkled.
(b) 
R-2 nontransient occupancies. All with a dwelling unit three or more stories above the lowest level of exit discharge, or a dwelling unit more than one story below the highest level of discharge, or more than 16 dwelling units. Exception: A building not over two stories where each unit has a direct exit to the outside. Manual fire alarm boxes are not required if the building is sprinkled.
A. 
General provisions. All one- or two-family dwelling units erected, constructed, or reconstructed after December 31, 1978, shall have smoke detectors installed as hereinafter provided.
B. 
Equipment performance. Each smoke detector shall be capable of detecting abnormal quantities of smoke that may occur in a dwelling and shall properly operate in the normal environmental conditions of a household. Smoke detectors shall be capable of detecting gray smoke having a minimum smoke obscuration of 4% per floor (optical density of 0.0177 per foot). The failure of any nonreliable or short-life component which renders the detector inoperative shall be readily apparent to the occupant of the dwelling without the need for testing.
C. 
Alarm-sounding devices. Each detection device shall cause the operation of an alarm which shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. The tests of audibility level shall be conducted with all household equipment which may be in operation at night in full operation. Examples of such equipment include, but are not limited to, window air conditioners and room humidifiers. All alarm-sounding devices shall have a minimum rating of 85 DBA at 10 feet.
D. 
Level of protection. A basic smoke detector shall be installed to protect each separate sleeping area and at the head of each stairway leading to an occupied area.
E. 
Detector locations. Smoke detectors in rooms with ceiling slopes greater than one-foot per eight-feet horizontally shall be located at the high side of the room. A smoke detector installed at the head of a stairway shall be so located as to assure that smoke rising in the stairwell cannot be prevented from reaching the detector by an intervening door or obstruction. A smoke detector installed to protect a sleeping area shall be located outside of the bedrooms, but in the immediate vicinity of the sleeping area. Detectors shall be located on the ceiling.
F. 
Power supply. A hard-wired AC primary source of electrical power shall be utilized to power smoke detectors. The requirements of Article 760 of the National Electrical Code, N.F.P.A. Standard No. 70 shall be met, except where such requirements conflict with the City's electrical code. In such cases, the City's electrical code shall be followed. A separate circuit shall be utilized, and the circuit breaker shall be colored red. The wire used shall be of the solid conductor, nonstranded type. Neither loss nor restoration of primary power shall cause an alarm signal. A visible "power on" indicator shall be provided. All smoke detectors shall also have a backup battery power supply in case of an AC power loss.
G. 
Installation. All smoke detector equipment shall be installed in a workmanlike manner and in accordance with the manufacturer's instructions. All devices shall be so located and mounted that accidental operation will not be caused by jarring or vibration. Installed equipment shall be mounted so as to be supported independently of its attachment to wires. Upon completion of the system installation, the installer, in the presence of the owner or occupant, shall test each device for proper operation. The installer shall then instruct the owner or occupant as to the operation and maintenance of the system. The supplier or installing contractor shall provide the owner with instruction charts describing the operation, testing, and proper maintenance of the smoke detectors and printed information for establishing a household emergency evacuation plan. In addition, printed information shall be provided to inform the owner where they may obtain repair or replacement service and where and how parts requiring regular replacement may be obtained within two weeks. All smoke detectors shall be replaced 10 years after the date of manufacture, as indicated on the smoke detectors.
A. 
Statutes adopted. Effective February 1, 2011, § 101.149, Wis. Stats., requires carbon monoxide (CO) alarms in all one- and two-family dwellings, regardless of the building's age. These alarm requirements apply to such dwellings with fuel burning appliances, fireplaces, or attached garages.
B. 
Alarm locations, type, and power requirements. Carbon monoxide alarms shall be installed in the basement and on each floor of the aforementioned dwellings, but need not be installed in attics, garages, or storage areas. All such alarms must be Underwriters Laboratories (UL) approved and may be "standalone" carbon monoxide alarms or combination smoke/carbon monoxide alarms. Such alarms may be battery powered, 110-volt powered, or in the case of new construction, shall be hardwired to the building's electrical system and include a battery backup.
A. 
Statutes adopted. Effective February 1, 2011, § 101.149, Wis. Stats., requires carbon monoxide (CO) alarms in all multiunit residential buildings, regardless of the building's age. These alarm requirements apply to such buildings with fuel-burning appliances, fireplaces, or attached garages.
B. 
Definition. As used in this section, "multiunit residential buildings" means public buildings used for sleeping or lodging, such as hotels, motels, condominiums, apartment buildings, dormitories, fraternities, sororities, convents, seminaries, jails, prisons, homeless shelters, and community-based residential facilities. Also included are tourist rooming houses (e.g., cabins), bed-and-breakfast establishments, and short-term rental units (e.g., "Airbnb"). Hospitals and nursing homes are not included within this definition.
C. 
Building owner responsibilities. The owner of a multiunit residential building shall install and maintain carbon monoxide detectors/alarms according to the manufacturer's instructions. It shall be illegal for any person to tamper with, remove or deactivate a carbon monoxide alarm.
D. 
Alarm installation. The provisions of § SPS 362.0915, Wis. Admin. Code, shall be followed in the installation of carbon monoxide alarms in multiunit residential buildings.
A. 
Permit required. A permit shall be required for each automatic sprinkler system, commercial cooking fire-protection system, and fire alarm system installed in any building or premises within the City. Permits and a plan review shall be required prior to the installation of any such systems. The Fire Department utilizes a third-party fire-protection engineering firm to review the plans for such systems. The third party may grant conditional approval of the plans after all requirements have been met, fees paid, and the plans have passed all applicable code requirements. The third-party review shall be in addition to the review by the state Department of Safety and Professional Services.
B. 
Permit fee. A permit fee shall be assessed by the City Building Inspection Department, where such permit application shall be obtained and submitted.
C. 
Permit application. All permits relating to automatic fire sprinkler systems or fire alarm systems shall be issued through the City Building Inspection Department after a proper permit application and supporting documents have been submitted, and all permit procedures have been completed. The Fire Chief shall prescribe the form of the permit application, permit application procedures, and request such additional information as is necessary to evaluate and act upon the permit application. Permits shall not be transferable. No automatic fire sprinkler system or fire alarm system shall be installed or altered in a building until plans have been submitted and approved by the Fire Department through the Fire Chief or the Chief's designee. A description of the plan submittal and permitting procedures may be obtained through the City Building Inspection Department.
D. 
Indemnification and hold harmless. All applicants for an automatic fire sprinkler system or fire alarm system permit shall enter into an agreement with the City wherein they shall indemnify and hold the City harmless from all claims, suits, actions, damages and expenses, including attorney's fees, arising in law or in equity, out of or by virtue of the enactment of this chapter. Said agreement shall include, but not be limited to, a release of the City, its officers, and employees for any loss of any nature whatsoever sustained by the applicant by virtue of the City providing the inspections, permits, or facilities contemplated under this chapter.
Whenever the Fire Chief or the Chief's designee refuses to grant a permit under this section, or when it is alleged that the provisions of this code do not apply, or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, an applicant may appeal such refusal, decision, or interpretation to the Board of Police and Fire Commissioners within 30 days from the date of such action. The appeal shall be in the form of a written notice of appeal filed with the secretary of said Commission and said notice shall state the specific grounds for appeal. In the event of an appeal, the Commissioners shall set a date, time and place for a hearing and shall give the appellant at least 10 days' written notice thereof by mail or by personal service of such notice. A decision on the appeal shall be made within 20 days after filing the written notice of appeal.
A. 
Grounds for revocation. The Board of Police and Fire Commissioners may revoke a permit issued pursuant to this chapter on any of the following grounds:
(1) 
The application for a permit contains a false statement of a material fact.
(2) 
A permittee has repeatedly failed to comply with the provisions of this chapter.
(3) 
A fire alarm system repeatedly actuates false alarms.
B. 
Hearing. Before a permit issued pursuant to this chapter may be revoked, a hearing shall be held before the Board of Police and Fire Commissioners. Written notice setting forth the date, time, place, and nature of the hearing shall be sent by mail to or by personal service upon the permittee at the address shown on the permit application not less than 10 days prior to the hearing. A decision on the appeal shall be made within 30 days after filing of the written notice of appeal.
C. 
Appeals. Any permittee may appeal a revocation decision of the Board of Police and Fire Commission by filing a written notice of appeal with the City Clerk within 10 days after the decision. The notice of appeal shall state the specific grounds for appeal. Such appeal shall be heard by the Common Council within 30 days after filing the appeal. The Common Council may affirm, reverse, or modify the decision of said Commission or take such other action as deemed appropriate. A timely appeal shall suspend the permit revocation until the Council makes its decision on the appeal. The City Clerk shall give written notice of the date, time and place of the hearing by certified mail to or personal service upon the appellant given not less than 10 days before the hearing. In conducting the hearing, the Common Council shall not be limited by the technical rules of evidence. A decision on the appeal shall be made within 15 days after the conclusion of the hearing.
A. 
No alarm business alarm system or fire alarm system designed to transmit emergency messages to the Fire Department shall be tested or demonstrated without prior notification to and approval of the Fire Department unless the system is in the "test" mode prior to activating such alarm test.
B. 
No alarm system relayed through a Central Station to the Fire Department shall be tested to determine the Fire Department's response without first notifying the Fire Department. However, the Fire Department may inspect or test on-site alarm systems authorized under this chapter.
C. 
Alarm systems shall comply with all pertinent response policies of the Fire Department.
A. 
Generally. Each false alarm requires a response from public safety personnel, involves unnecessary expense to the City, increases the risk of injury to persons or damage to property, and reduces the public safety protection to the City. False alarms constitute a public nuisance and shall be abated.
B. 
Intentional. No person shall intentionally cause the activation of an alarm system or device knowing that a fire or other emergency does not exist.
C. 
False alarms; schedule of fees and costs. Except for public or private school systems, any person, business, corporation, organization, or other entity having a permitted alarm system with alarm device(s) at one or more locations in accordance with this chapter shall pay to the City fees and costs for false alarms responded to by the Fire Department according to the following schedule for each calendar year for each location connected to said alarm system. Separate records shall be kept of false alarms and alarms for other purported emergencies:
(1) 
Schedule of fees and costs for false alarms responded to by the Fire Department:
(a) 
For the first false alarm per location, no fee or cost.
(b) 
For the second and subsequent false alarms per location, a fee of $100 or the total actual cost of wages and benefits paid to members of the Fire Department in responding to each such alarm, whichever is greater.
(2) 
The amount and schedule of fees and costs for false alarms set forth in § 224-26C(1) may be amended from time to time by resolution of the Common Council.
(3) 
Failure to pay fees and costs charged for false alarms under § 224-26C shall constitute a separate violation of this chapter. Such fees and costs shall be collectible as a forfeiture upon prosecution and conviction of said violation, together with any additional forfeitures which may be imposed under § 224-26D.
D. 
Other violations. Any person, business, corporation, organization, or other entity violating this section in any manner, including, but not limited to, false alarm violations for which fees and costs are charged under § 224-26C, shall upon conviction be subject to those penalties as provided in § 1-4 of this Code. When any premises within the City is owned, leased, or occupied by two or more persons, businesses, corporations, organizations or other entities as joint tenants, tenants in common, joint lessees, co-lessees, sublessees, or in any other manner, each shall comply with the provisions of this section, and each shall be subject to penalties for the violation thereof.
E. 
Default in payment. In the event of nonpayment of any forfeitures, fees, costs, surcharges and/or assessments imposed under §§ 1-4 or 224-26D, the person in default, or the responsible officer of the business, corporation, organization or other entity in default, shall be subject to imprisonment in the county jail until such forfeitures, fees, costs, surcharges and assessments are paid, except that the amount owed is reduced at the rate of $25 for each day of imprisonment and the maximum period of imprisonment is six months.
A. 
Definition. When used in this chapter, "rapid entry key lock box" means a high security key vault master keyed to the key configuration provided by the City Fire Department.
B. 
Required installation. The following buildings and structures within the City shall be equipped with a rapid entry key lock box at a highly visible location:
(1) 
All buildings having an automatic fire alarm system or equipped with an automatic fire sprinkler system, except for one- and two-family residential structures.
(2) 
All multiple-family residential structures containing three or more living units, whether rental units or condominium units.
(3) 
All buildings or structures having floors at or above 50 feet in height above ground level.
(4) 
All commercial and industrial buildings identified by Fire Department officers as difficult to access during an emergency.
C. 
Permitted installation. Any building or structure within the City may be equipped with a rapid entry key lock box. If so equipped, the rapid entry key lock box shall be placed at a highly visible location approved by the Fire Chief.
D. 
Rapid entry key lock box contents.
(1) 
Required keys. The owner of a building or structure required to have a rapid entry key lock box shall at all times keep the key(s) in the rapid entry key lock box to provide access to all the following:
(a) 
Master keys for building entry, rental units, and storage rooms.
(b) 
Common lobbies or vestibules.
(c) 
Common hallways.
(d) 
Rooms or spaces housing mechanical equipment serving the structure.
(e) 
Alarm panels for any fire or entry alarm systems.
(f) 
Sprinkler system riser rooms.
(2) 
Permitted keys. The owner of a building or structure permitted to have a rapid entry key lock box may keep the key(s) in the rapid entry key lock box for access to individual spaces within the structure.
(3) 
Marking and placement of keys. Keys placed in a rapid entry key lock box shall be clearly marked and their placement in the rapid entry key lock box shall be organized in a manner approved by the Fire Chief.
E. 
New construction. All new construction subject to the requirements of this chapter shall have a rapid entry key lock box installed before the issuance of a certificate of occupancy by the City.
F. 
Existing structures. All buildings and structures in existence on the effective date of this chapter to which the regulations of this chapter apply shall have six months from the effective date of this chapter to have a rapid entry key lock box installed and operational.
A. 
The Fire Chief is hereby authorized to designate the number, type, and location of fire extinguishers as may be deemed necessary, in addition to those required pursuant to NFPA 10, in all existing buildings and structures and in all buildings and structures hereafter erected.
B. 
In buildings and structures where standpipes are not required, standard fire extinguishers shall be provided on each floor including the basement. The type, size, location, and number of such fire extinguishers shall be as determined and approved by the Fire Department.
C. 
All fire extinguishers shall be conspicuously located where they will always be readily accessible and so distributed as to be immediately available in the event of fire. Extinguishers shall be hung on hangers or set in brackets so that the top of the extinguisher is no more than five feet above the floor.
D. 
Fire extinguishers shall be recharged and maintained according to instructions of the manufacturer.
E. 
Fire extinguishers shall require a hydrostatic test as follows: carbon dioxide-type shall be tested every 12 years; and dry chemical or clean agent-type shall be tested every 10 years.
When required by the Fire Department, hard-surfaced driving lanes shall be provided as fire lanes around buildings and facilities which, by their size, location, design, or contents warrant access which exceeds that normally provided by the proximity of City streets.
A. 
General provisions. Fire lanes shall provide a minimum, unobstructed continuous width and height of 12 feet. Fire lanes shall be identified by a four-inch-wide line, in block letters two feet in length, painted on the surface of the lane at fifty-foot intervals, stating "FIRE LANE-NO PARKING," colored bright yellow, or by the posting of signs stating, "FIRE LANE-NO PARKING." Such no parking signs shall be posted on or immediately next to the curb line, or on the adjacent buildings. Such signs shall be 12 inches by 18 inches in size, and shall have letters and background of contrasting colors, readily readable from at least a fifty-foot distance. Such signs shall be spaced not more than 50 feet apart. Such signs shall be mounted a minimum of four feet and a maximum of 6 1/2 feet in height, measured from the pavement surface to the bottom edge of the sign. Fire lanes shall be either asphalt or reinforced concrete, a minimum of four inches thick, or, when expressly authorized by the Fire Chief, may be constructed of compacted crushed rock. When fire lanes connect to City streets or parking lots, adequate clearances and turning radii for fire vehicles and equipment shall be provided. All proposed plans for such fire lanes shall require Fire Department approval.
B. 
Fire lanes as driveways and/or parking areas. The Fire Department may require that areas used or proposed for use as driveways or private thoroughfares shall not be used for parking. Such areas when specified as fire lanes, shall be marked or identified as provided in § 224-27A of this Code.
C. 
Existing buildings. When the Fire Chief, in their sole discretion, determines that a hazard exists due to the inaccessibility of fire vehicles and equipment to or around existing buildings, the Fire Chief may require that fire lanes be constructed and maintained as provided in § 224-27A of this Code.
D. 
Prohibitions. The parking of motor vehicles or other obstructions of access to fire lanes shall be prohibited at all times.
A. 
Burning of trash prohibited. No person shall kindle or cause to be kindled any trash fire in or upon any street, alley, public way, or private ground within the City of Port Washington.
B. 
Trash defined. As used in this section, "trash" means all rubbish, grass, leaves, branches, construction waste, paper products, industrial waste, or any other type of debris.
A. 
Open flame lights and devices. No person shall take an open flame into any building, barn, vessel, boat, or any other place where highly flammable, combustible, or explosive material is kept, unless such flame shall be well secured in a glass globe, wire mesh cage or similar approved device.
B. 
Place of assembly. No open flame, candles, or other open flame fixture, whether equipped with a guard or not, shall be used in any place of assembly, except within properly and lawfully constructed church or lodge buildings. Such open flame candles or other flame fixtures, whether equipped with a guard or not, shall not be used in auditoriums of church or lodge buildings except when such candles or flame fixtures are held by persons seated, standing, or in a procession in such auditorium. Such candles or flame fixtures need not be held by persons if they are securely supported on noncombustible bases, the flame is at least seven feet above the floor, are so located as to avoid danger of ignition of combustible material, are under constant observation and supervision by a responsible person designated for each aisle, are kept lighted only when necessary during the ceremony or ritual, and are extinguished before persons leave the auditorium.
C. 
Stages. Open flame devices may be used on stages or church altars where a necessary part of the theatrical performance or religious service requires it, provided, however, that adequate precautions satisfactory to the Fire Chief are taken to prevent ignition of any combustible materials.
D. 
Restaurants. Open flame devices used for the warming of food may be used in restaurants and dining areas, provided, however, that such devices and their location are approved by the Fire Chief.
E. 
Airborne open flame device. No airborne open flame device (e.g., sky lantern) shall be launched or used, free floating or tethered, within the City. Airborne open flame devices from neighboring jurisdictions that enter the City are also prohibited. The state Department of Natural Resources classifies any launched airborne open flame device as littering, subject to prosecution and penalty.
(1) 
As used in this section, the term "sky lantern" means any airborne lantern typically constructed from paper with a wood frame containing a candle or fuel cell composed of a waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to rise into the air. For purposes of this section, the terms "sky candles," "fire balloons," and "airborne paper lanterns" have the same meaning as "sky lantern."
As used in this section, the term "firepit" shall include any below-ground pits, freestanding fireplaces, and portable devices intended to contain and control outdoor recreational fires.
A. 
All below-ground firepits shall be at least four inches in depth and shall be surrounded on the outside, above ground, by a noncombustible material such as steel, brick, or masonry. Such firepit cannot exceed three feet in diameter, nor may the fire pile in the pit exceed two feet in height. An approved covering shall also be kept in place while such a firepit is in use, except when loading firewood.
B. 
Aboveground firepits and fireplaces shall be used in accordance with the manufacturer's specifications and pursuant to the regulations set forth in this section.
C. 
Only natural firewood or commercial fire logs may be burned. The burning of lumber, pallets, scrap wood, tree trimmings, grass, leaves, branches, yard waste, construction waste, paper products, industrial waste, cardboard, garbage, rubbish, or similar items is prohibited.
D. 
All firepits must be located away from any structure or combustible material.
E. 
Below-ground firepits and freestanding fireplaces must be located a minimum of 25 feet away from any structure or combustible material.
F. 
Portable firepits must be located a minimum of 15 feet away from any structure or combustible material.
G. 
Such fire must be constantly attended and supervised until the fire has been completely extinguished.
H. 
A portable fire extinguisher or other approved extinguishing equipment, such as a garden hose, must be readily available until the fire has been completely extinguished.
A. 
Standards adopted. Chapters SPS 305, 307 and 308, Wis. Admin. Code, as amended from time to time, relating to explosives and blasting, are hereby adopted by reference.
B. 
Permit required. A permit issued by the Fire Chief or the Chief's designee shall be required prior to any person or entity engaging in any of the following activities: manufacturing, possessing, storing, selling, or disposing of explosives or blasting agents; use of explosives or blasting agents; operating a terminal for the handling explosives or blasting agents.
C. 
Bond required. Before a permit required under this section shall be granted, an applicant for such permit shall file with the Fire Department a surety bond, in an amount and on such terms as deemed adequate and acceptable by the Fire Chief under the circumstances presented. Said bond shall be available for the payment of any damages or losses resulting from the applicant's activities relating to explosives and/or blasting agents.
D. 
Storage. Storage of explosives and blasting agents shall comply with the requirements and regulations under the most current printed version of NFPA 495.
A. 
Statutes adopted. § 167.10, Wis. Stats., is adopted and incorporated by reference in this section insofar as its provisions are not in conflict with the provisions of this section. In the event of a conflict between this section and § 167.10, Wis. Stats., whichever provisions are stricter shall apply.
B. 
Fireworks defined. The term "fireworks" shall be defined as provided in § 167.10(1), Wis. Stats., as amended. The City hereby elects to include within the definition of "fireworks" those devices listed in § 167.10(1)(e), (f), and (i) through (n), Wis. Stats.
C. 
Sales regulated. No person shall sell, offer to sell, possess with intent to sell, or give away fireworks within the City.
D. 
Possession and use regulated. Except as provided in § 167.10(3), Wis. Stats., no person shall possess or use fireworks within the City without a permit issued in accordance with this section.
E. 
User's permit.
(1) 
As provided in § 167.10(3), Wis. Stats., a fireworks user's permit may be issued for festivals or public celebrations after proper application to the City Clerk and Fire Chief, on forms provided by the City Clerk. The permit application must be received by the City Clerk and Fire Chief not less than 30 days prior to the requested date of use.
(2) 
Before a fireworks permit may be granted, the applicant shall file with the City Clerk a surety bond which includes indemnification of the City, or certificate of liability insurance issued by an insurance company authorized to do business in the State of Wisconsin, in form and substance approved by the City Attorney with coverage limits of not less than $2,000,000 per occurrence, naming the City as an additional insured on such policy.
(3) 
No later than 14 days prior to the scheduled event for which the user's permit is required, the applicant shall submit such proof of training of the applicant's employees as the Fire Chief may require and approve, in the Fire Chief's sole discretion.
(4) 
The City Clerk or Fire Chief shall issue the user's permit within 30 days after receipt and approval of all items required for application as set forth in this section. The permit shall be subject to such conditions as the Fire Chief determines are appropriate for public safety in accordance with nationally recognized safe practices for fireworks.
(5) 
A fireworks user's permit may not be issued to a person under 18 years of age.